building regulations – The Negotiatorhttps://thenegotiator.co.uk
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1 Misleading information about an extension that didn’t meet building regulationshttps://thenegotiator.co.uk/misleading-information-about-an-extension-that-didnt-meet-building-regulations/
https://thenegotiator.co.uk/misleading-information-about-an-extension-that-didnt-meet-building-regulations/#respondMon, 07 Jan 2019 10:10:56 +0000https://thenegotiator.co.uk/?p=47504"A property was advertised as a four-bedroomed house, but when a buyer progressed the sale, they discovered that the new extension didn't meet the building regulations." Katrine Sporle, TPO, reviews.

COMPLAINT

The property was advertised by the agent as being a four-bedroomed house, but the buyer believed that they were misled when the surveyor highlighted that the extension (which housed the kitchen/diner and fourth bedroom) did not meet building regulations and therefore could only be used for storage.

The buyer was seeking a reimbursement of the abortive transactional costs that had totalled £952, along with an apology from the agent for the treatment they had received after a formal complaint was submitted.

INVESTIGATION

When marketing a property for sale, the agent had an obligation, both by law and under Paragraph 7i of the TPO Code of Practice, to comply with the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs).

Katrine Sporle

The CPRs require an estate agent to disclose any material information of which they are aware in relation to a property in a clear, intelligible and timely fashion. Reasonable steps should have been taken to ensure that all statements that were made about the property (whether they had been oral, pictorial or written) were accurate and not misleading.

However, the agent was not expected, at the outset of the process, to research issues that are outside its line of business. For example, issues which would have been identified by a surveyor or conveyancer. However, they should have mentioned any significant non-standard features of the property for sale.

The buyers were misled by the agent about the bedroom and kitchen extension and sought reimbursement of their costs of £952.

In this case, the Ombudsman did not determine whether the agent was in breach of their statutory obligations under the CPRs. That would be for a court of law to decide. The role of the Ombudsman was to determine whether the service that the agent provided fell below that expected and whether any shortcomings caused financial loss, aggravation, distress and/or inconvenience, which would merit an award of compensation.

Having looked at the property particulars, the Ombudsman believed that it should have been clear to the agent that the area of the property which housed the kitchen/diner and fourth bedroom was a recent extension. Therefore, it would have been expected of the agent to ask the seller at the outset whether the extension met building regulations and also ask for a copy of the building control certificate.

This should have been done before the estate agency marketed the property as a four-bedroomed house. If the seller was unable to provide an answer and a certificate, then the agent had an obligation to inform all prospective purchasers at the earliest possible opportunity that they were unsure whether the extension met building regulations and that the property potentially only had three bedrooms.

THE DECISION

The agent failed to demonstrate that they had done this, and the Ombudsman was critical of their inaction in this respect. The complaint was supported. The Ombudsman considered that an award of compensation was merited to reflect the aggravation and inconvenience caused by this issue. In this case the buyer, on learning that the fourth bedroom did not have the required planning consents, had continued with the proposed purchase, albeit they had attempted to negotiate a price reduction.

At that point, the seller withdrew from the sale.

The agent was not directed to compensate for the abortive transactional costs that the buyer was seeking as it was apparent that, despite the failure to disclose the information, the buyer remained keen to purchase. However, the buyer had been entitled to receive all material information from the agent at the start of the transaction. A compensatory award was made for the aggravation caused by the agent’s failure by the agent to disclose that information to the potential buyer.

The Ombudsman did not support the second part of the potential buyer’s complaint that the agent’s complaint correspondence was curt and dismissive. While it was appreciated that the potential buyer was upset that the agent had not agreed to refund the costs requested, the Ombudsman was satisfied that the agent responded in a polite and professional manner, in accordance with best practice requirements.

OUTCOME

Overall, the Ombudsman concluded that the agent had failed to act in accordance with their obligations under the Code when providing information about the number of bedrooms in the property.

An award of £300 in compensation was made for the undue and avoidable aggravation and inconvenience caused.

]]>https://thenegotiator.co.uk/misleading-information-about-an-extension-that-didnt-meet-building-regulations/feed/0Listed buildingshttps://thenegotiator.co.uk/listed-buildings-2/
https://thenegotiator.co.uk/listed-buildings-2/#respondMon, 12 Feb 2018 10:44:22 +0000https://thenegotiator.co.uk/?p=37429There are 400,000 buildings on the Historic England List so many estate agents will encounter them on a regular basis, but, says Rob Desbruslais, how much do you actually know about the rules?

]]>An agent is not expected to be expert on this subject, but a decent background knowledge on the implications of buying and owning a listed building is essential if you are to advise vendors and buyers appropriately.

For some buyers, owning a listed building is an honour; it makes them a custodian of our heritage. It can, however, also be a nuisance, especially if they want to make changes.

It is not just the exterior of a building that is listed. The entire interior, including hidden areas such as the loft, and all the exterior up to and including the formal garden boundaries is included. This means garden walls are just as important as a natural slate roof, and listed building consent will be required for any changes or repairs that affect these elements.

The difference between planning consent and listed building consent

Listed building consent is required for any works that affect a listed building. Applications for listed building consent ensure that special consideration is given to the effect of proposed works on the architectural or historic interest of a building in isolation. Planning permission, on the other hand, considers wider national and local planning policy and the impact of the proposed works on the immediate area, matters such as parking, social housing etc.

Rob Desbruslais

Listed building consent is often required for basic repairs and can even control the colour a building is painted. Certain materials are positively discouraged, for example, so called specialist damp proofing with non-breathable Ordinary Portland Cement. This can be damaging to period masonry and is frowned upon. Instead, conservation officers encourage a holistic approach to repairs. Planning consent is not usually required for such matters.

How to improve the prospect of consent

Although obtaining listed building consent for major changes can be tricky, clients have a greater chance of success if they liaise with local conservation officers from the start. By including them in initial ideas, and displaying an understanding of their role in the process, officers are more likely to be pragmatic and sympathetic.

Often, conservation officers prefer a proposal that is in contrast rather that a faux ‘chocolate box’ extension. They also consider seemingly out-of-keeping past changes an integral part of the building history. Clients cannot, therefore, assume removal of apparently poorly designed features will be granted.

If clients have a particularly tricky proposal, they should engage the services of a planning consultant.

Of course, certain alterations will always be out of the question. The biggest enemy of the conservation officer, and in fact, most professionals with an interest in heritage buildings, is plastic; especially uPVC windows.

Non-conformant alterations and retrospective consents

If there have been changes made to the property since it was listed, and there is no record of consent, the planners can at any time request the alteration is reversed, or a retrospective application for the change is made. Permission will not necessarily be forthcoming. There is no time limit, and an owner will be responsible for changes made by previous owners.

A typical example is if a fireplace has been taken out. Replacing it can be extremely expensive. It really is a case of ‘buyer beware’. Engaging a pre-purchase surveyor with a full understanding of the risk and an eye for potentially non-conformant past changes is essential.

The conflict between conservation and building regulations

Inevitably, most listed buildings fall well below the constructional and thermal standards of a modern building. Upgrading it to meet modern standards, especially in terms of heat loss and green energy can be tricky if not impossible. For example, it is highly unlikely consent would be granted for roof-mounted solar panels, and often seemingly sensible proposals such installing sealed unit glass in original window frames tend to be rejected.

Other steps can be taken; secondary glazing is acceptable, and using traditional breathable materials such as sheep wool loft insulation, lime-based mortars and renders that facilitate evaporation is very effective at improving the thermal qualities of a building.

To conclude…

Ultimately, whether clients are buying a listed building because they love it or purely as an investment or development opportunity, they should expect to be challenged if they want to make changes or repairs.